Freedom Retail Enterprise Agreement 2020: Employment Terms and Conditions, Study Guides, Projects, Research of Business

Download Freedom Retail Enterprise Agreement 2020: Employment Terms and Conditions and more Study Guides, Projects, Research Business in PDF only on Docsity! Freedom Retail Enterprise Agreement 2020 Freedom Retail Enterprise Agreement 2020 1 Freedom Retail Enterprise Agreement 2020 Part 1 – Application and operation of Agreement 1. Title This enterprise agreement will be known as the Freedom Retail Enterprise Agreement 2020. 2. Arrangement Part 1 – Application and operation of Agreement 1 1. Title 1 2. Arrangement 1 3. Definitions and interpretation 3 4. Coverage 4 5. Entire agreement and relationship with the National Employment Standards 5 6. Life of Agreement 5 Part 2 – Consultation and dispute resolution 6 7. Consultation 6 8. Dispute resolution procedure 7 Part 3 – Employment relationship and related arrangements 9 9. Terms of engagement 9 10. Termination of employment 12 11. Redundancy 13 12. Traineeships 15 Part 4 – Wages 15 13. Wages 15 Part 5 – Hours of work and rostering 17 14. Ordinary hours of work 17 15. Penalty payments 18 16. Rosters 19 17. Overtime 20 18. Rest and meal breaks 22 19. Meal breaks 22 Part 6 – Payment of wages and related matters 23 20. Payment of wages 23 Freedom Retail Enterprise Agreement 2020 4 (n) “Ordinary Hourly Rate” means the ordinary hourly rate for an Employee as set out in clause 13.1 (and increased under clause 13.2) and, in the case of a junior Employee, means the ordinary hourly rate calculated under clause 13.3; (o) “Part-Time Employee” means an Employee who works at least 12 ordinary hours and no more than 74 ordinary hours in each two week cycle; (p) “Retail Consultant Level 1” means an Employee who is engaged to perform duties associated with the operation of a retail store for Freedom, including but not limited to employees performing the duties of a Shop Assistant, Clerical Assistant, Store Worker, Unqualified Window Dresser, Store Greeter, Assembler, Unqualified Ticket Writer or an Unqualified Assistant Visual Merchandiser and (q) “Retail Consultant Level 2” means an Employee who is appointed as a Retail Consultant Level 2 at the discretion of Freedom and who is engaged to perform duties at a retail establishment at a higher level than a Retail Consultant Level 1, including but not limited to performing tasks such as supervisory, opening and closing of premises and associated security, security of cash and conducting training or store meetings. (r) “Union” means the Shop, Distributive and Allied Employees’ Association a registered trade union under the Fair Work (Registered Organisations) Act 2009 (Cth) 3.2 For avoidance of any doubt, Freedom will not employ an employee as a shift worker as defined in the Act or in the Award.. 3.3 In this Agreement, headings are for assistance only, and do not affect the interpretation of the Agreement. 4. Coverage 4.1 This Agreement covers: (a) Freedom; and (b) each employee of Freedom who falls within the coverage of the Award and who is employed by Freedom as a Retail Consultant Level 1 and a Retail Consultant Level 2 but excluding employees who are employed in the positions referred to in clause 4.2. 4.2 This Agreement does not cover employees of Freedom employed in the following positions, or any equivalent positions: • Distribution Centre Employees and Managers • Employees located at National or Regional Support Centres • Store Managers • Homewares Managers • Warehouse Managers Freedom Retail Enterprise Agreement 2020 5 • Visual Merchandisers • Visual Merchandise Managers • State Visual Merchandisers • Administration Managers • Assistant Store Managers • Store Support Managers • Managers in training • Freedom Customer Care employees. 5. Entire agreement and relationship with the National Employment Standards 5.1 This Agreement is to operate to the exclusion of any modern award, or other industrial instrument that may otherwise apply, except as expressly provided for within this Agreement. 5.2 To the extent this Agreement: (a) is detrimental to an Employee, in any respect, when compared to the National Employment Standards, the National Employment Standards will prevail; and (b) makes provision for an entitlement or entitlements of an Employee under the National Employment Standards, the entitlement or entitlements under this Agreement operate in parallel to the entitlement or entitlements under the National Employment Standards such that the Employee is not entitled to a double benefit. 6. Life of Agreement This Agreement will start to operate on the first day of the first full pay period which starts on or after the day that is 7 days after this Agreement is approved by the Fair Work Commission, and will have a nominal expiry date of three years from the date this Agreement is approved by the Fair Work Commission. This Agreement will continue to operate until such a time as it is terminated or replaced. Freedom Retail Enterprise Agreement 2020 6 Part 2 – Consultation and dispute resolution 7. Consultation 7.1 General provisions For the purpose of the procedures in clause 7.2 and clause 7.3: (a) an Employee is, or a group of Employees are, entitled to appoint a representative for the purposes of consultation and, if Freedom is notified of the identity of a representative who has been appointed, Freedom must recognise the representative for the purposes of the consultation; and (b) Freedom is not required to disclose confidential or commercially sensitive information. 7.2 Consultation about major change (a) Freedom is required to comply with the procedures in clause 7.2(b) if: (i) it has made a definite decision to introduce a major change to production, program, organisation, structure or technology in relation to its business trading as Freedom; (ii) the major change is likely to result in: (A) the termination of the employment of the Employees; (B) major changes to the composition, operation or size of Freedom’s workforce or to the skills required of employees; (C) the elimination or diminution of job opportunities for Employees (including opportunities for promotion or tenure); (D) the alteration of hours of work of Employees; (E) the need to retain Employees; (F) the need to relocate Employees to another workplace; or (G) the restructuring of jobs; and (iii) Where the Agreement makes provision for alteration of any of the matters defined in clause 7.2(a)(ii), such alteration is taken not to have significant effect. (b) Freedom must, as soon as practicable after making the decision: (i) notify the Employee or Employees (and their representative) who may be affected by the major change of the decision to make the major change; Freedom Retail Enterprise Agreement 2020 9 Part 3 – Employment relationship and related arrangements 9. Terms of engagement 9.1 Full Time Employee (a) The maximum number of ordinary hours a Full Time Employee may be rostered to work is 76 ordinary hours in each two week cycle with a maximum of 48 ordinary hours in one week. (b) On engagement, an Employee will: (i) be advised they are employed as a Full Time Employee; (ii) if applicable, be advised that they are engaged as a Trainee; 9.2 Part-Time Employee (a) A Part-Time Employee may elect, and Freedom may agree, to the Part-Time Employee working a minimum of 12 ordinary hours in each two week cycle. (b) The maximum number of hours a Part-Time Employee may be rostered to work in any week is 40. (c) On engagement, a Part-Time Employee will: (i) be advised they are employed as a Part-Time Employee; (ii) if applicable, be advised that they are engaged as a Trainee; (iii) be advised of their contracted ordinary hours of employment. (d) A Part-Time Employee may work beyond their contracted ordinary hours referred to in clause 9.2(c)(iii), up to a maximum of 74 hours in a 2 week cycle, and be paid at their ordinary hours and be paid at their ordinary rate of pay, including any applicable penalties. A team member must agree to work these additional hours, otherwise overtime rates will apply. An employee may agree to work these additional hours by providing written standing consent provided such consent may be withdrawn by the Part Time Employee at any time. For the avoidance of doubt, a Part Time Employee who provides standing consent can still verbally refuse to work additional hours when offered on any occasion. (e) Where over a 12-month period, a Part Time Employee works an average of more than 18 ordinary hours per 2-week cycle, the part time team member will be offered a new contracted ordinary hours of at least 18 hours per 2 week cycle. (f) Subject to the operational requirements of Freedom, when additional hours become available, they will be offered to existing Part Time Employees in preference to engaging other employees where practicable. (g) A Part-Time Employee will accrue leave entitlements based on the ordinary hours actually worked by the Part-Time Employee. Freedom Retail Enterprise Agreement 2020 10 9.3 Casual Employee (a) A Casual Employee is entitled to be paid a casual loading of 25% of the Ordinary Hourly Rate for each hour worked. (b) A Casual Employee will not be entitled to be paid the casual loading for any ordinary hours worked where the Casual Employee is entitled to another penalty or loading which is expressed to be inclusive of the casual loading. The table below provides examples of the casual loading and its interaction with penalty payments in clause 15: Days of the week Hours Casual Monday to Friday 7am to 6pm Base rate + 25% casual loading 6pm to 9pm Base rate + 25% casual loading + applicable evening work penalty Saturday 7am to 6pm Base rate + 25% casual loading + applicable Saturday penalty rate Sunday 9am to 6pm Base Rate + applicable Sunday penalty rate Public Holiday Base rate + 150% (inclusive of casual loading) (c) On engagement, a Casual Employee will be advised they are employed as a Casual Employee. (d) A Casual Employee who has over a calendar period of at least 12 months worked a pattern of hours on an ongoing basis, without significant adjustment, that they could continue to perform as a Full Time or Part Time Employee, may request in writing to be converted to a Full Time or Part Time Employee as follows: (i) If they worked an average of 38 or more hours a week in the period of 12 months’ casual employment they may request to be converted to a Full Time Employee or worked an average of less than 38 hours a week in the period of 12 months’ casual employment they may request to be converted to a Part time Employee consistent with the pattern of hours previously worked. (ii) Where it is agreed that a Casual Employee may convert to full or part time employment, such agreement shall be recorded in writing including the date from which the conversion takes effect. The commencement of the conversion shall take effect in the next pay cycle following the agreement reached, unless otherwise agreed. Freedom Retail Enterprise Agreement 2020 11 (iii) Freedom may decline a request on reasonable business grounds in writing within 21 days of the request being made, after there has been consultation with the Employee. Reasonable business grounds include but not limited to: (a) it would require a significant adjustment to the casual employee’s hours of work in order for the employee to be engaged as a full time or part time employee; (b) it is known or reasonably foreseeable that the regular casual employee’s position will cease to exist within the next 12 months; (c) it is known or reasonably foreseeable that the hours of work which the regular casual employee is required to perform will be significantly reduced in the next 12 months; or (d) it is known or reasonably foreseeable that there will be a significant change in the days and/or times at which the employee’s hours of work are required to be performed in the 12 months which cannot be accommodated within the days and/or hours during which the employee is available to work. (iv) A Casual Employee must not be engaged and/or re-engaged (which includes a refusal to re-engage), or have his or her hours reduced or varied, in order to avoid any right or obligation under this subclause. (v) Freedom must provide a casual employee with a copy of the provisions of subclause 9.3(d) within the first 12 months of the Employee’s first engagement to perform work. 9.4 Limited tenure (a) Freedom can offer an existing Employee a limited tenure appointment for the Employee to work additional ordinary hours, including to cover absences or during periods of increased sales. The limited tenure appointment: (i) will be for a duration of not less than one week, nor more than 12 months, except where the purpose is the replacement of an Employee on parental leave; (ii) may be extended by Mutual Agreement provided the duration of the limited tenure appointment does not exceed the maximum set out in paragraph (i); and (iii) must not immediately follow another limited tenure appointment. (b) Before commencing a limited tenure appointment, an Employee will be advised in writing of the nature of the work to be performed, the hours to be worked, the hourly rate of pay that will apply, and the starting and finishing dates of the limited tenure appointment. (c) A limited tenure appointment may be brought to an end earlier than the date notified to the Employee by either the Employee, or Freedom, providing the Freedom Retail Enterprise Agreement 2020 14 anyone (other than where this is due to the ordinary and customary turnover of labour) will be entitled to redundancy pay as set out in the table below: Years of continuous service on termination Redundancy pay under 45 years of age Redundancy pay 45 years and over Less than 1 year Nil Nil At least 1 year but less than 2 years 4 weeks’ pay 5 weeks’ pay At least 2 years but less than 3 years 7 weeks’ pay 8.75 weeks’ pay At least 3 years but less than 4 years 10 weeks’ pay 12.5 weeks’ pay At least 4 years but less than 5 years 12 weeks’ pay 15 weeks’ pay At least 5 years but less than 6 years 14weeks’ pay 17.5 weeks’ pay At least 6 years and over 16 weeks’ pay 20 weeks’ pay (b) In addition to the period of notice provided in clause 10.1, a Full Time Employee or a Part-Time Employee, who was not employed on the date that this Agreement is approved by the Fair Work Commission, whose employment is terminated because Freedom no longer requires the job done by the Employee to be done by anyone (other than where this is due to the ordinary and customary turnover of labour) will be entitled to redundancy pay in accordance with the National Employment Standards. (c) In this clause, “weeks’ pay” means the Ordinary Hourly Rate multiplied by: (i) in the case of a Full Time Employee, 38; or (ii) in the case of a Part-Time Employee, the average hours worked by the Employee in the 52 weeks immediately before the Employee is given notice of the termination of their employment under clause 10.1. 11.2 Employee leaving during notice period An Employee given notice of the termination of their employment because Freedom no longer requires the job done by the Employee to be done by anyone (other than where this is due to the ordinary and customary turnover of labour) may terminate their employment during the period of notice and will remain entitled to the redundancy payments under clause 11.1 but will not be entitled to a payment in lieu of notice. 11.3 Time off during notice period (a) During a period of notice of termination given to an Employee by Freedom because Freedom no longer requires the job done by the Employee to be done by anyone (other than where this is due to the ordinary and customary turnover of labour), the Employee will be allowed up to one day's time off without loss of pay during each week of notice for the purpose of seeking other employment. Freedom Retail Enterprise Agreement 2020 15 (b) If an Employee has been allowed more than one day’s time off during the notice period under paragraph (a), the Employee must, at Freedom’s request, produce proof of attendance (which may be in the form of a statutory declaration) at an interview to be entitled to payment for the time off. 11.4 Excluded employees (a) This clause will not apply to an Employee with less than one year's continuous service and the general obligation on Freedom will be no more than to give the Employee an indication of the impending termination at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the Employee of suitable alternative employment. (b) An Employee who is not entitled to redundancy pay under the National Employment Standards for any reason, including as the result of an Order made by the Fair Work Commission is not entitled to redundancy pay under clause 11.1. 11.5 Transfer to lower duties (a) Where an employee is transferred to lower paid duties for reasons set out in subclause 11.1 above, the employee will be entitled to the same period of notice of transfer as they would have been entitled to if their employment had been terminated, and Freedom may make payment in lieu thereof of an amount equal to the difference between the former Ordinary Hourly Rate and the new lower Ordinary Hourly Rate for the number of weeks of notice still owing. 12. Traineeships 12.1 Freedom may employ an Employee as a trainee, in which case, Schedule E to the Miscellaneous Award 2010 will apply to the engagement of the Employee. 12.2 Schedule E to the Miscellaneous Award 2010 is incorporated into this Agreement provided that any reference to “this award” in Schedule E to the Miscellaneous Award 2010 is to be taken as a reference to this Agreement. 12.3 Despite clause 12.2, an Employee employed by Freedom as a trainee will be paid the appropriate rate of pay as set out in clause 13. Part 4 – Wages 13. Wages 13.1 A Retail Consultant Level 1, other than a junior Employee or an Employee under a supported wage arrangement, will be paid an ordinary hourly rate of $21.42 per hour. A Retail Consultant Level 2 will be paid an ordinary hourly rate of $$22.72 per hour. 13.2 The rates in clause 13.1 will be increased on or after the first full pay period by the same percentage increase as the percentage increase to the rates of pay in the Award as Freedom Retail Enterprise Agreement 2020 16 determined by the Fair Work Commission in the annual wage review. The amount of an allowance payable to an Employee in this Agreement will be no less than the applicable allowance amount in the Award. 13.3 A junior Employee will be paid an ordinary hourly rate of the following percentage of the rate referred to in clause 13.1 (and increased in accordance with clause 13.2): Age Percentage 20 years of age and over 100% 19 years of age and under 20 years of age 80% 18 years of age and under 19 years of age 70% 17 years of age and under 18 years of age 60% 16 years of age and under 17 years of age 50% Under 16 years of age 45% Provided that a junior Employee will receive an increase to their ordinary hourly rate as a result of their birthday occurring payable from the first full pay period to commence on or after the Employee’s birthday. 13.4 An Employee who holds an appropriate first aid qualification and is appointed by Freedom to perform first aid duty will be paid an allowance as set out in the Award for an employee appointed to perform first aid duties. 13.5 If an Employee is ordinarily paid an hourly rate of pay higher than the Ordinary Hourly Rate: (a) Freedom may absorb wage increases payable under this Agreement against the over-Agreement payment; and (b) any penalties or loadings payable under this Agreement will be calculated by reference to the rate referred to in clause 13.1 (and increased in accordance with clause 13.2) and any over-Agreement payment will be disregarded. 13.6 The supported wage arrangements set out in Schedule C of the Award apply to an Employee who because of the effects of a disability is eligible for a supported wage under the Award, provided that references to the Award in Schedule C of the Award will be taken to be a reference to this Agreement. 13.7 An Employee engaged for more than two hours during one day or shift on duties carrying a higher rate than their ordinary classification is to be paid the higher rate for such day or shift. If engaged for two hours or less during one day or shift, the Employee is to be paid for the higher rate for the time worked only. 13.8 Unless otherwise agreed an Employee recalled to work for any reason, before or after completing their normal roster or on a day on which they did not work, will be paid at the appropriate rate for all hours worked with a minimum of three hours on each occasion. Freedom Retail Enterprise Agreement 2020 19 15.2 An Employee rostered to work ordinary hours on a Saturday is entitled to be paid an additional loading as set out in the table below for all ordinary hours worked which, in the case of a Casual Employee, is in addition to the casual loading referred to in clause 9.3(a). Full Time Employee and Part-Time Employee Casual Employee From 1 October 2019 25% of the Ordinary Hourly Rate 20% of the Ordinary Hourly Rate From 1 March 2020 25% of the Ordinary Hourly Rate 25% of the Ordinary Hourly Rate 15.3 An Employee rostered to work ordinary hours on a Sunday is entitled to be paid an additional loading as set out in the table below for all ordinary hours worked which, in the case of a Casual Employee, is inclusive of the casual loading referred to in clause 9.3(a). Full Time Employee and Part-Time Employee Casual Employee From 1 July 2019 65% of the Ordinary Hourly Rate 75% of the Ordinary Hourly Rate From 1 July 2020 50% of the Ordinary Hourly Rate 75% of the Ordinary Hourly Rate 15.4 An Employee who voluntarily works ordinary hours on a public holiday is entitled to be paid an additional loading as set out in the table below for each ordinary hour worked which, in the case of a Casual Employee, is inclusive of the casual loading referred to in clause 9.3(a). Full Time Employee and Part-Time Employee Casual Employee 225% of the Ordinary Hourly Rate 250% of the Ordinary Hourly Rate 16. Rosters 16.1 Rosters will run from Monday to Sunday and be displayed a minimum of seven days in advance detailing the starting and finishing times for each Employee for each day of the week. Rosters will be displayed in a place accessible to Employees and will be retained by Freedom as required by the Act. 16.2 In establishing the days of the week on which work is to be performed, this might extend to any or every day of the week for which employees have indicated their availability when engaged. However, Freedom acknowledges that whilst business needs are paramount, employees may have religious, family, social, sporting and other commitments when instituting changes in the days that employees might be required to work. Freedom will also have regard to family or caring responsibilities of employees and whether they have safe transport home when changing or establishing rosters. Freedom Retail Enterprise Agreement 2020 20 16.3 The roster for a Full Time Employee or a Part-Time Employee, once posted, may be changed by Mutual Agreement in writing (except in the case of a Part Time employee who has provided standing consent under clause 9.2(d) between Freedom and the Employee affected. 16.4 Freedom may cancel a shift rostered for a Casual Employee by notifying the Casual Employee of the cancellation at least one hour before the shift is rostered to start. 16.5 On no more than four occasions each year, an Employee may be rostered to work outside of the days or times the Employee has been notified they may perform work for the purpose of conducting major stocktakes (not including cyclical counts). In such cases, rosters will be advised a minimum of 14 days in advance. 16.6 Up to a maximum of eight occasions per calendar year an Employee may be required to attend a Compulsory Meeting or a training shift (being a shift not attached to ordinary hours) which they will be paid for a minimum of three hours. An Employee will be paid for their attendance at the Compulsory Meeting and training in accordance with this Agreement. 16.7 An Employee will not be entitled to payment for their attendance at a meeting which is not a Compulsory Meeting. 17. Overtime 17.1 The following hours will be overtime hours for which an Employee is entitled to be paid the overtime rates set out in clause 17.2, provided the Employee has been authorised to work those hours: (a) hours worked by an Employee outside the span of hours set out in clause 14.1; (b) hours worked by an Employee before or after a rostered shift (unless a Part Time Employee and Freedom have Mutually Agreed to change the rostered shift under clause 9.2(d)); (c) hours worked by a Full time Employee in excess of 48 ordinary hours in a week or 76 ordinary hours in a two week cycle; (d) hours worked by a Part-time Employee in excess of 38 ordinary hours in a week or 74 ordinary hours in a two week cycle; (e) hours worked by a Casual Employee in excess of 38 ordinary hours in a week; (f) hours worked by an Employee in excess of the maximum number of ordinary hours as set out in clause 14.2(b); (g) hours worked by an Employee on a day in excess of the maximum number of days that may be worked under clause 14.2(c) or clause 14.2(e); (h) hours worked by a Part-Time Employee outside contracted hours under clause 9.2(c)(iii) (except as varied under clause 9.2(d)), other than for the purposes of a stocktake as referred to in clause 16.5; Freedom Retail Enterprise Agreement 2020 21 (i) hours worked by a Full Time Employee or a Part-Time Employee on a non- rostered shift (except where the Employee has agreed to change their roster under clause 16.2). 17.2 Authorised overtime will be paid at the rates set out in the table below which, in the case of a Casual Employee, is inclusive of the casual loading referred to in clause 9.3(a). When worked Full Time Employee and Part-Time Employee Casual Employee Monday to Saturday 150% of the Ordinary Hourly Rate for the first three hours 200% of the Ordinary Hourly Rate for any additional hours 175% of the Ordinary Hourly Rate for the first three hours 225% of the Ordinary Hourly Rate for any additional hours Sunday 200% of the Ordinary Hourly Rate 225% of the Ordinary Hourly Rate Public Holiday 250% of the Ordinary Hourly Rate 275% of the Ordinary Hourly Rate 17.3 In calculating overtime, each day will stand alone and any payment for overtime will be calculated to the nearest minute. 17.4 By Mutual Agreement, an Employee may elect to take time off in lieu of overtime provided: (a) the Employee must elect to take time off in lieu on each occasion the Employee works overtime; (b) the time off will be calculated at the overtime equivalent applying the percentages specified in clause 17.2; (c) the time off must be taken at a time agreed with Freedom; and (d) if the time off is not taken within one calendar month of the Employee working the overtime, the Employee must be paid for the overtime at the applicable overtime rates. 17.5 Freedom may require an Employee to work reasonable overtime at the rates prescribed in clause 17.2, and an Employee must work that overtime unless the Employee is entitled to refuse to work the overtime under clause 17.6. 17.6 An Employee may refuse a requirement to work overtime under clause 17.5 in circumstances where the working of such overtime would result in the Employee working hours which are unreasonable having regard to: (a) any risk to the Employee’s health or safety; (b) the Employee’s personal circumstances, including any family responsibilities; (c) the needs of the workplace or enterprise; Freedom Retail Enterprise Agreement 2020 24 21.4 If an Employee and Freedom enter into a salary packaging arrangement, the Employee’s fortnightly wages will be reduced by the costs incurred by Freedom in managing the arrangement, including but not limited to: (a) Fringe Benefits Tax; (b) bank fees and charges; and (c) the costs of the fringe benefit itself. This amount may change from time to time in accordance with variances in the relevant costs incurred by Freedom. 21.5 A salary packaging arrangement between an Employee and Freedom will: (a) continue to apply during any period of paid leave; and (b) be automatically suspended during a period of unpaid leave. 21.6 Despite a salary packaging arrangement, any payment to which an Employee is entitled under this Agreement, including termination payments, will be calculated by reference to the Ordinary Hourly Rate, unless this clause specifically provides otherwise. 21.7 An Employee or Freedom may terminate a salary packaging arrangement entered into under this clause for any reason by providing four weeks’ written notice. If a salary packaging arrangement entered into under this clause is terminated, following the termination of the salary packaging arrangement, the Employee will be paid the Ordinary Hourly Rate. 22. Superannuation 22.1 Freedom must make superannuation contributions for the benefit of an Employee if required to avoid the imposition of a superannuation guarantee charge under superannuation guarantee laws. 22.2 Freedom must make superannuation contributions on a monthly basis into a fund of an employee’s choice. If no choice is made then contributions will be made into REST or, in states other than Victoria, Freedom’s nominated fund. 22.3 Freedom shall also make superannuation contributions provided for in clause 22 for the period of absence from work (subject to a maximum of 52 weeks) of the employee due to work-related injury or work related illness provided that the employee is receiving workers’ compensation payments or receiving regular payments directly from Freedom in accordance with statutory requirements and the employee remains employed by Freedom. An employee may authorise Freedom to make additional superannuation contributions from their gross income. These voluntary contributions are in addition to and do not offset Freedom’s obligations to pay superannuation under clause 22. Freedom Retail Enterprise Agreement 2020 25 Part 7 – Leave and public holidays 23. Annual leave 23.1 A Full Time Employee and a Part-Time Employee is entitled to annual leave as set out in the National Employment Standards and as set out in this clause. 23.2 A Full Time Employee is entitled to four weeks’ of annual leave for each year of continuous service. : 23.3 A Part-Time Employee is entitled to a pro-rata entitlement to annual leave based on all hours of work. 23.4 An Employee’s entitlement to annual leave accrues progressively during each year. 23.5 Annual leave will be taken at a time Mutually Agreed (which shall not be unreasonably refused) between Freedom and an Employee. Annual leave may be taken in one continuous period, or by Mutual Agreement with Freedom, in periods of shorter duration. 23.6 Freedom may require an Employee to take a period of annual leave by giving the Employee at least four weeks’ notice where: (a) the Employee has accrued more than two years’ entitlement to annual leave; or (b) Freedom is closing-down a part or all of its operations. 23.7 During a period of annual leave an employee will receive annual leave loading of 17.5% or the relevant weekend penalty rate (if they would have worked on a weekend) whichever is greater but not both. 23.8 Where a public holiday prescribed in clause 30 falls during a period of annual leave, the Employee’s period of leave will be increased by one day for each such public holiday. 23.9 Freedom will pay an Employee for a period of annual leave in the Employee’s normal payroll cycle (meaning the Employee will ordinarily be paid for the annual leave after they have taken it). However, an Employee may elect to receive payment for a period of annual leave in advance in which case Freedom must provide the Employee with a payment for the entire period of annual leave no later than one week after the Employee starts the leave. 23.10 If Freedom and an Employee Mutually Agree in writing, an Employee may take a period of annual leave in advance of the Employee becoming entitled to the leave. If an employee is under 18 then their guardian must also sign the agreement in writing. If an Employee takes a period of annual leave in advance and their employment ends for any reason before the Employee has accrued the period of annual leave taken in advance, Freedom may deduct from any money due to the Employee on termination an amount equal to the amount that was paid to the Employee when they took the leave in advance. 23.11 On termination of employment, an Employee will receive a payment for any annual leave which has accrued to the Employee but is untaken. The Employee will be paid the amount the Employee would have been paid had they taken the leave. Freedom Retail Enterprise Agreement 2020 26 23.12 If an Employee suffers a personal Illness or injury during a period of annual leave which would entitle the Employee to take personal/carer’s leave if they were not absent from work during the period of annual leave, the period will be treated as personal/carer’s leave. 23.13 Freedom and an Employee may Mutually Agree in writing to the Employee cashing out of a particular amount of annual leave. Freedom must keep a copy of the agreement as an employee record as required by the Act. The agreement must: (a) state the amount of leave to be cashed out and the payment to be made to the employee for it; and (b) state the date on which the payment is to be made; and (c) be signed by Freedom and the Employee and, if the Employee is under 18 years of age, by the Employee’s parent or guardian; and (d) not result in the Employee’s remaining accrued entitlement to annual leave being less than four weeks; and (e) result in the Employee being paid an amount which is not less than the amount that would have been payable to the Employee if they had taken the leave at the time the payment is made. 23.14 An Employee cannot cash out more than two weeks’ annual leave in any 12 month period under clause 23.13. 23.15 Excessive Leave Accruals (a) An employee has an excessive leave accrual if the employee has accrued more than 8 weeks paid annual leave. (b) Freedom and the employee may seek to confer with the other and genuinely try to reach agreement on how to reduce or eliminate the excessive leave accrual. (c) If Freedom has genuinely tried to reach agreement with an employee but agreement is not reached (including because the employee refuses to confer), Freedom may direct the employee in writing to take one or more periods of paid annual leave, provided the employee’s remaining accrued entitlement to paid annual leave is not less than 6 weeks. Freedom must not require the employee to take any period of paid annual leave of less than one week. Freedom must not require the employee to take a period of paid annual leave beginning less than 8 weeks or more than 12 months, after the direction is given and must not be inconsistent with any leave arrangement agreed between Freedom and the employee. (d) If the employee has genuinely tried to reach agreement with Freedom, but agreement is not reached (including because Freedom refuses to confer), the employee may give written notice to Freedom requesting to take one or more periods of paid annual leave, provided the employee has had excessive leave accrual for more than 6 months at the time of giving the notice and the employee has not been given a direction in accordance with 23.15(c) that when any other Freedom Retail Enterprise Agreement 2020 29 the reason for their inability to attend for work and the estimated duration of their absence. The Employee should personally notify the store or location manager unless it is not practicable for them to do so, and the store or location manager must be informed by telephone wherever practicable. 25.6 An Employee may be required to provide reasonable evidence to support their application to access leave because they are experiencing family or domestic violence, such as a medical certificate, a document issued by the police service or a court or a statutory declaration. 25.7 An Employee experiencing family or domestic violence may also be able to request a flexible working arrangement under the National Employment Standards. 25.8 Freedom will take steps to ensure information concerning any notice an Employee has given, or evidence an Employee has provided under this clause 25 is treated confidentially, as far as it is reasonably practicable to do so. Nothing in this clause 25 prevents Freedom from disclosing information provided by an employee if the disclosure is required by an Australian law or is necessary to protect the life, health or safety of the Employee or another person. 26. Compassionate leave 26.1 An Employee is entitled to compassionate leave as set out in the National Employment Standards and as set out in this clause, on each occasion the Employee requires the leave: (a) for the purpose of spending time with a member of the Employee’s Immediate Family or household who has contracted or developed personal illness or injury that poses a serious threat to his or her life; or (b) after the death of a member of the Employee’s Immediate Family or household. 26.2 An Employee is entitled: (a) if the Employee is a Casual Employee, to two days’ unpaid leave; (b) if the Employee is a Full Time Employee or a Part-Time Employee who takes the leave for the reasons set out in clause 26.1(a), to three days’ paid leave; or (c) if the Employee is a Full Time Employee or a Part-Time Employee who takes the leave for the reasons set out in clause 26.1(b), to: (i) five days’ paid leave if the leave is taken because of a spouse, parent or Child of the Employee; or (ii) three days’ paid leave if the leave is taken because of any other member of the Employee’s Immediate Family or household. 26.3 An Employee is not entitled to leave under this clause if the Employee is absent from work on another form of approved leave. 26.4 If an Employee is distressed upon the death of a person who is not a member of the Employee’s Immediate Family or household, the Employee may raise this with their store Freedom Retail Enterprise Agreement 2020 30 or location manager who may, at the store or location manager’s discretion, grant the Employee some other form of leave (such as annual leave or leave without pay). 27. Pre-natal leave 27.1 A Full Time Employee or a Part-Time Employee who is pregnant, or whose partner is pregnant, may, with Freedom’s agreement, access up to eight hours’ paid pre-natal leave for the purpose of attending medical appointments associated with the pregnancy. 27.2 A period of pre-natal leave will be paid at the Ordinary Hourly Rate and will not be deducted from an Employee’s personal/carer’s leave entitlements. 27.3 An Employee must provide at least seven days’ notice, or less by Mutual Agreement, of their requirement to take a period of pre-natal leave. 27.4 An Employee taking pre-natal leave must arrange appointments as close as possible to the start or finish of their ordinary working hours on the day concerned. 27.5 Freedom may require that an Employee provide proof of the appointment satisfactory to Freedom before approving a request for pre-natal leave or authorising payment for a period of pre-natal leave. 28. Parental leave 28.1 An Employee is entitled to parental leave as set out in the National Employment Standards and as set out in this clause. 28.2 An Employee eligible to take parental leave under the National Employment Standards is entitled to take a period of up to 104 weeks’ unpaid parental leave. 28.3 An Employee is generally not entitled to take a period of parental leave when the other parent of the Child is taking a period of parental leave. However, an Employee may take a period of parental leave, which comes out of the Employee’s entitlement to parental leave under clause 28.2, when the other parent of the Child is taking a period of parental leave for: (a) an unbroken period of not more than 39 weeks at the time of the birth or placement of the Child; or (b) for up to eight weeks at any other time during the 104 weeks after the birth of the Child provided that any period of leave must be for a period not shorter than two weeks, and that the total leave taken by the Employee under this paragraph and paragraph 28.4(a) must not exceed 39 weeks. 28.4 By Mutual Agreement between an Employee and Freedom: (a) an Employee who was employed as a Full Time Employee before a period of parental leave may return to work as a Part-Time Employee; and Freedom Retail Enterprise Agreement 2020 31 (b) an Employee who was employed as a Part-Time Employee before a period of parental leave may return to work on fewer hours than they were working prior to the period of parental leave. 28.5 While the Paid Parental Leave Act 2010 (Cth) (“PPL Act”) remains in operation with payments based on the national minimum wage, if an Employee who gives birth to a Child, or adopts a Child, is entitled to parental leave under the National Employment Standards, the Freedom will make a payment to the Employee for a period of six weeks of the difference between the payment the Employee receives each week under the PPL Act and the Ordinary Hourly Rate multiplied by the average number of ordinary hours worked by the Employee during the 12 months’ continuous service before the Employee proceeded on parental leave. Freedom will pay the top up payment: (a) for the first four weeks of the leave at the time it was taken; and (b) for the remaining two weeks of the leave after the Employee returns to work from the parental leave. 28.6 The top-up payments referred to in clause 28.5(a) will be paid in conjunction with the payment from the government in an Employee’s normal pay cycle and the top-up payments referred to in clause 28.5(a) will be paid at the end of the second full pay period to commence on or after the day the Employee returns to work. Freedom will also make superannuation contributions with respect to the top-up payments. 28.7 An Employee entitled to take parental leave under the National Employment Standards who takes a period of concurrent leave under the National Employment Standards will be entitled to one week’s special paid parental leave. The payment to the Employee will be calculated by multiplying the Ordinary Hourly Rate by the average number of ordinary hours worked by the Employee during the 12 months’ continuous service before the Employee proceeded on concurrent leave. However, if the Federal Government introduces a form of paid parental leave for an Employee taking a period of concurrent leave, an Employee will not be entitled to the payment under this clause. 28.8 An Employee on a period of parental leave may elect, and Freedom may agree, to the Employee performing work as a Casual Employee during the period of parental leave. Employees should be aware that performance of work whilst on government paid parental leave can impact such entitlements and Freedom is not responsible for any such impact. The Employee will: (a) be paid the rate payable under this Agreement to a Casual Employee for all hours worked; (b) not accrue leave, other than long service leave (for which a day of employment will be added to the Employee’s period of continuous service for the purposes of long service leave) for any hours worked; (c) not be entitled to payment for a public holiday on which the Employee does not work during the period of parental leave; and (d) not be entitled to any extension to their period of parental leave as a result of the hours worked. Freedom Retail Enterprise Agreement 2020 34 (b) be allowed a paid day of 7.6 ordinary hours off in lieu. Ordinarily, it is expected that the day off will be taken within 28 days of the public holiday or during the week before the public holiday. 30.8 A Part-Time Employee who works an average of five days each week will, if a public holiday falls on a day on which the Employee has worked in the preceding four weeks, by Mutual Agreement with Freedom, either: (a) be paid a payment equal for the average number of ordinary hours the Employee has worked on the day in the preceding four weeks paid at the Ordinary Hourly Rate; or (b) be allowed a paid day of the average number of ordinary hours the Employee has worked on the day in the preceding four weeks off in lieu. Ordinarily, it is expected that the day off will be taken within 28 days of the public holiday or during the week before the public holiday. 30.9 If the Sunday before Easter Monday is not a public holiday at the store or location at which a Full Time Employee or a Part-Time Employee works: (a) the Employee may, at least four weeks prior to the Sunday request that the Employee be granted a period of annual leave, or leave without pay, on the Sunday. Subject to Freedom having sufficient Employees available to work on the Sunday, Freedom will not unreasonably refuse such a request; (b) Freedom will seek volunteers to work at least 14 days before the Sunday and will advise Employees of any requirement to work at least seven days before the Sunday; and (c) if the Employee would ordinarily be rostered to work on the Sunday, and the store or location which is not permitted to open such that the Employee does not work, the Employee will receive those payments they would have received if the Sunday was a public holiday they did not work. 31. Leave of absence 31.1 A Full Time Employee or a Part-Time Employee may, by Mutual Agreement with Freedom, take a period of up to three months authorised unpaid leave (or a longer period if Freedom and the Employee Mutually Agree). Without limiting the reasons for which an Employee may take unpaid leave, those reasons may include: (a) the Employee requiring time to attend exams while studying or to participate in annual school holidays; (b) the Employee travelling overseas or interstate for an extended period; (c) the Employee providing care or support to a member of the Employee’s Immediate Family because of an illness or injury affecting the member; (d) the Employee wishing to return to full time study; or (e) Easter Sunday (where not a public holiday). Freedom Retail Enterprise Agreement 2020 35 31.2 Freedom will endeavour to accommodate an Employee's request for unpaid leave. However, in considering a request, factors such as an Employee's performance and attendance record, as well as the operational requirements of the location or store, will be taken into account. 31.3 The duration of the unpaid leave will not count as a period of service for any purposes however, it will not break the continuity of an Employee’s continuous service. An Employee will not be entitled to benefits associated with any public holiday falling during the period of leave. 32. Community service leave 32.1 An Employee is entitled to community service leave as set out in the National Employment Standards and as set out in this clause. 32.2 A Full Time Employee or a Part-Time Employee required to attend jury service will be reimbursed by Freedom an amount equal to the difference between the amount the Employee would have been paid (excluding penalties or loadings) if they were not attending jury service and the amount the Employee receives as payment for their attendance for such jury service. 32.3 An Employee required to attend for jury service must notify their store or location manager as soon as possible after being notified of the requirement to attend for jury service. 32.4 An Employee must provide Freedom with proof of attendance for jury service, which must evidence the duration of the attendance and the amounts received by the Employee for their attendance for jury service. 32.5 A Full Time Employee or a Part-Time Employee required to attend for jury service during a period of annual leave will, on providing Freedom with proof of attendance for jury service as set out in clause 32.4, have the period of annual leave converted to jury service leave as set out in clause 32.2. 32.6 While attending for jury service, an Employee will not be required to attend work until the completion of the jury service. 32.7 An Employee who attends for jury service and is rostered to work on a Saturday or Sunday of the week they attend for jury service will be given time off, without loss of pay, so that the combination of days worked and days attending for jury service does not exceed five in any week (unless the Employee is rostered to work four days in the other week of the two week cycle). 32.8 A Full Time Employee or a Part-Time Employee who volunteers for a recognised emergency management body (as defined in the Act), such as the State Emergency Service or Volunteer Fire Brigade, is entitled to the following period of paid emergency service leave if they are absent from work engaging in an emergency management activity (as defined in the Act): (a) if the Employee is a Full Time Employee, five day’s paid emergency service leave each calendar year; or Freedom Retail Enterprise Agreement 2020 36 (b) if the Employee is a Part-Time Employee, the average number of ordinary hours the Employee has worked each week during the calendar year to be taken as paid emergency service leave in each calendar year. 32.9 Any dispute regarding whether a body is a recognised emergency management body, or whether an Employee is engaging in an emergency management activity, will be resolved in consultation with the Human Resources Manager. 32.10 To be entitled to paid emergency services leave, an Employee must: (a) provide Freedom with proof of attendance engaging in the emergency management activity; and (b) inform their store or location manager as early as is practicable, and no later than their rostered starting time on the day concerned, of their absence for that day, the expected duration of their absence and the nature of the emergency management activity the Employee will be undertaking. 32.11 If a Full Time Employee or a Part-Time Employee receives a payment from an external body for their participation in an emergency management activity (other than the reimbursement of expenses), instead of providing the Employee with paid emergency services leave, Freedom will pay the Employee the difference between the amount the Employee would have been paid (excluding penalties or loadings) had they not been participating in those activities, and the amount the Employee receives as payment from the external body. 33. Natural disaster leave 33.1 An Employee will be allowed to leave work where there is a natural disaster which: (a) poses a genuine threat to the Employee’s property or the Employee gaining access to their home; or (b) creates a need for the Employee to provide care to a member of their Immediate Family or household. 33.2 If an Employee is unable to attend for work as rostered due to a natural disaster referred to in clause 33.1, Freedom will not unreasonably refuse a request by the Employee to not attend for work. If the Employee is a Full Time Employee or a Part-Time Employee, Freedom will do what it considers reasonable, in the circumstances, to assist the Employee to avoid any loss in their pay. Depending on the circumstances, an Employee may be granted up to two days’ paid leave. If the Employee is still unable to report to work as a result of the natural disaster at the conclusion of the two days’ paid leave, Freedom: (a) will consider providing additional paid leave; (b) will discuss with the Employee the taking of annual leave to cover the time off; or (c) may Mutually Agree with the Employee, where possible, for make-up time to be worked. Freedom Retail Enterprise Agreement 2020 39 (i) jumpers and / or vests; (ii) shirts (long and / or short sleeve); and (iii) aprons (if required); and (iv) any protective clothing. (b) for store and administrative also working in the back dock: (i) sloppy joes; (ii) polo shirts; and (iii) safety boots. 38.4 Where an Employee is required to launder any special uniform, dress or other clothing, the Employee will be paid an allowance of $6.25 per week if they are a full-time employee or $1.25 per shift if they are a part-time or casual employee. 38.5 Freedom may change the items of uniform provided the total value of items provided to an Employee does not reduce. 38.6 Instead of providing an Employee with safety boots, an Employee may provide his or her own safety boots in which case Freedom will reimburse an Employee up to $60 in each calendar year for purchasing the safety boots, subject to the Employee completing an expense claim form and providing a tax invoice. The amount of $60 will be reviewed annually. 38.7 Items of uniform provided by Freedom must be maintained by Employees and Freedom must replace the items of uniform as they wear out. 38.8 An Employee is responsible for presenting in a professional manner including wearing black trousers or other type of trousers as required. 39. Protective clothing and equipment 39.1 Freedom will provide an Employee with suitable protective clothing and/or equipment to meet its obligation to provide a safe work environment. 39.2 If Freedom provides an Employee with protective clothing and/or equipment, the Employee must use such protective clothing and/or equipment at all times. 39.3 Items of protective clothing and/or equipment will remain the property of Freedom. 40. Damage to clothing, tools and other items 40.1 If in the course of work, an Employee’s clothing, tools, spectacles, hearing aids or dentures are damaged or destroyed by fire, heat or corrosive substance, Freedom will provide the Employee with compensation for the costs of replacing such items. Freedom Retail Enterprise Agreement 2020 40 40.2 Freedom is not required to provide an Employee with compensation under clause 40.1 if the Employee is entitled to compensation under any other legislation for the damage to the items. 41. Work health and safety Freedom, Employees and the Union are committed to achieving and maintaining healthy and safe working conditions in all Freedom workplaces. Freedom will take prompt action to deal with any health and safety problems. 42. Facilities 42.1 Where practicable, Freedom will provide each Employee with a locker. If Freedom cannot practicably provide a locker, Freedom will provide a safe and secure place where an Employee can store their personal effects. 42.2 Freedom will provide Employees with access to: (a) a microwave oven, boiling water, tea, coffee and fresh milk; and (b) in a free-standing store or locations and, where practicable, a non-free-standing store or location, an area containing adequate seating and tables for use during breaks. 43. Union and safety training leave 43.1 A recognised delegate will, subject to the balance of this clause, be entitled to paid leave to attend training conducted or approved by Trade Union Training Australia Inc. or the Union which is designed to promote good industrial relations and industrial efficiency in the retail industry. 43.2 A recognised delegate is not entitled to paid leave if, during the calendar year, five days’ paid leave or more has been taken by employees at the store or location. 43.3 An Employee appointed and recognised by Freedom as a work health and safety representative will be given paid leave to attend training approved by the Union on work health and safety matters. 43.4 A work health and safety representative is not entitled to paid leave if, during the calendar year, five days’ paid leave or more has been taken by employees at the store or location. 43.5 Notwithstanding any provision in clause 43, such as clauses 43.3, 43.4, 43.6, 43.7 and 43.10, Freedom will comply with all relevant work health and safety legislation in relation to the provision of paid work health and safety training. 43.6 Each year, the Union must notify Freedom in writing of the scheduled dates for training in each state and territory. These details must be provided to Freedom not less than one Freedom Retail Enterprise Agreement 2020 41 calendar month before the date of the training, unless Freedom agrees to a shorter period. 43.7 An Employee wishing to take paid leave under this clause must apply to take the leave no less than four weeks before the date of the training and, where possible, a greater period of notice should be given. Freedom must not unreasonably refuse an application for leave, however it may reject an application for leave if: (a) less than four weeks’ notice is given; (b) Freedom will not be able to maintain normal operations at the store or location if the leave is granted; or (c) the Employee has completed less than six months’ continuous service (other than at a store or location which has been open for less than six months). 43.8 Paid leave granted under this clause will count as service for all purposes of the Agreement. 43.9 Any Employee taking leave under this clause will be paid for the hours the Employee ordinarily would have worked, including any penalties or loadings that would be payable under this Agreement if they had worked. 43.10 Freedom will not be required to pay any other costs associated with training under this clause. 43.11 An Employee taking leave under this clause must, if requested by Freedom: (a) provide proof of their attendance at the training and an outline of the course content; (b) inform Freedom of the nature of the training and their observations on it; or (c) both. 44. Paid Union meetings 44.1 The Union may conduct one paid meeting of 15 minutes ordinary time duration at each store or location each year. A further paid meeting of 15 minutes’ ordinary time duration may, at Freedom’s discretion, be held. Freedom will not unreasonably refuse a request for a second meeting. 44.2 A meeting referred to in clause 44.1: (a) must not be held unless the store or location manager has been consulted about the time of the meeting at least seven days before the meeting unless the location manager agrees to a shorter period; (b) must not interfere with the normal operations of the location; (c) is non-cumulative, and is not transferable to another location; and Freedom Retail Enterprise Agreement 2020 44 Signatories Signed for and on behalf of Freedom by: Name of signatory (BLOCK LETTERS) Signature Address of signatory (BLOCK LETTERS) Authority to sign (BLOCK LETTERS) Signed for and on behalf of the Employees by: Name of signatory (BLOCK LETTERS) Signature Address of signatory (BLOCK LETTERS) Authority to sign (BLOCK LETTERS) Freedom Retail Enterprise Agreement 2020 45 Schedule To whom it may concern, Agreement to shorten notice I confirm that on [insert date] I provided notice of termination of employment to my employer Freedom. I am aware that I am required to provide [insert number of weeks] notice under subclause 10.5 of the Freedom Retail Enterprise Agreement 2020 (the Agreement). In accordance with subclause 10.7 of the Agreement, I confirm that I have freely agreed to reduce the period of notice required under the Agreement. This agreement has been reached without any coercion or duress. By agreement with Freedom I will cease employment with Freedom on [insert date]. I am aware and have agreed that as a result of this written agreement, Freedom is not required to make payment in lieu of notice for the balance of my notice period not worked due to the earlier date of cessation of employment. Signature Date Print name (BLOCK LETTERS)